O79.4 Aggravated Sexual Abuse: Sexual Act with Child Between 12 and 16

The Defendant can be found guilty of this crime only if all the following facts are proved beyond a reasonable doubt:

(1) the Defendant knowingly engaged in a sexual act with [victim’s name or initials];

(2) the Defendant did so by [using force against [the person]] [threatening or placing [the person] in fear that [the person], or any other person, would be subjected to death, serious bodily injury, or kidnapping] [rendering [the person] unconscious] [administering to [the person] a drug, intoxicant, or similar substance that substantially impaired the ability of [the person] to appraise or control [his] [her] own conduct];

(3) at the time, [the person with whom Defendant engaged in the sexual act] was at least 12 years old but less than 16 years old;

(4) at the time, [the person with whom Defendant engaged in such sexual act] was at least four years younger than the Defendant; and

(5) the acts occurred [within the special maritime jurisdiction of the United States] [within the territorial jurisdiction of the United States] [in a Federal prison].